Rohit @ Brihaspati S/O Balram Solankil vs State Of Madhya Pradesh

Prem Narayan Singh, J

They are heard and perused the case diary.

This is the first bail application filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure for grant of bail in relation to Crime No.09/2023, registered at police station-Manasa, District Neemuch, for the offences under Sections 420, 120-B, 467, 468, 471, 34 of IPC, 1860. The applicant is in custody since 12.06.2023.

Allegation against the applicant is that he is involved in the aforesaid offence wherein the accused persons solemnized marriage of one Shanu with complainant after getting Rs.2,00,000/- and after some time Shanu left her matrimonial house and did not return back.

Learned counsel for the applicant submitted that applicant is innocent and has been implicated in the present crime only on the basis of statement of co-accused Sakshi recorded under Section 27 of the Evidence Act. The allegation against the applicant is that he along with other accused persons demanded Rs.2,00,000/- from the complainant for solemnizing marriage of the complainant with one Shanu. Cash of Rs.50,000/- has been recovered from the applicant. It is also submitted except offence under Section 420 of IPC, no offence under Sections 467, 468, 471, 34 of IPC are made out against the applicant. So far as other Sections are concerned, the allegation was made against co-accused Sakshi, who has fabricated Adar Card of Shanu. The applicant is in jail since 12.06.2023. Final conclusion of the trial is likely to take sufficient long time, therefore, it is prayed that the application be allowed and the applicant be released on bail.

Counsel for the respondent/State, on the other hand, has opposed the prayer and prayed for its rejection.

Having taken into consideration all the facts and circumstances of the case and the fact that trial of the case will take considerable time, I am inclined to release the applicant on bail. Consequently, without commenting anything on the merits of the case, bail application under Section 439 of the Code of Criminal Procedure filed on behalf of applicant, stands allowed.

It is directed that applicant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

The M.Cr.C stands allowed and disposed of. Certified copy as per rules.